[No. 40.]

AN ACT

To divide the seventy-fourth Regiment of the Militia of this State.

Section 1.  Be it enacted by the Senate and House of Representatives of' the State of Alabama in General Assembly convened, That the seventy-fourth regiment of the militia of this State, be divided and compose two regiments.

Sec. 2.  And be it further enacted, That all that part of Cherokee county lying east of the Coosa river, shall hereafter compose the seventy-ninth regiment of the militia of this State, and all that part of Cherokee county lying west of the Coosa river, shall compose the seventy-fourth regiment of the militia of this State.

Sec. 3.  And be it further enacted, That the regiment hereby created shall be organized in the manner now provided for by law.

Approved, Dec. 20, 1836.

[No. 41.]

AN ACT

To amend an Act entitled an Act to incorporate the subscribers to the Alabama, Florida and Georgia Rail Road.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the company created by the act to which this is an amendment, be, and they are hereby authorised and empowered to construct a branch of the rail road in that act


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contemplated from any point on the line of said road, to any point on the Alabama river, in the counties of Montgomery, Lowndes Dallas or Wilcox, with the same powers and privileges, subject to the same liabilities and restrictions as are contemplated in the act to which this is an amendment for establishing the main road in that act mentioned.  Provided however, that this branch road shall not be constructed in the county of Montgomery, until two thirds of the stockholders in value in the Montgomery rail road company, shall have given their consent for the construction of the same.  Provided however, that the said Alabama, Florida and Georgia rail road company, in the construction of the main rail road from Pensacola to Columbus, shall be, and they are hereby required to pursue the general direction of what is commonly called the three notched road, and shall proceed in the construction of the said main rail road with equal diligence, and mile for mile with the main stem and the branches, and by this act contemplated and authorized.  And provided further, that said company shall be compelled to complete the main stem or rail road from the vicinity of the town of Pensacola, in the Territory of Florida, to the immediate vicinity of the town of Columbus, in the State of Georgia, within five years from and after the passage of this act, and upon failure on the part of the said company to comply with the foregoing provisions of this act, then, and in case, the right of the said company to the branch or branches, hereby authorised, shall cease to exist.  Provided further, that the work in constructing of the branch road above referred to, shall be commenced on the Alabama river, and shall continue progressively from the said Alabama river, until it intersects with the principal rail road.

Sec. 2.  And be it further enacted, That as soon as any section of twenty miles of said branch road shall be completed, the said company shall provide ample and suitable means for the transportation of freight and passengers both to and from the Alabama river, upon the same terms as on any part of the main road.

Sec. 3.  And be it further enacted, That if any person shall consider himself aggrieved by the failure of the said company to fulfill any of the provisions of this act, it shall be lawful for him to apply to any judge in this State, and a scieri facias shall issue the service of which, upon the president or any director of said company, shall be deemed sufficient notice, and the said cause shall stand for trial at the first term of the court to which said process is returnable, unless sufficient cause for the continuance be shewn, and if it shall be the opinion of the court, that any of the provisions of the charter has been violated, the said court shall forthwith declare the charter void, and the said charter, with all its privileges as to the said branch road shall thenceforth cease and determine.

Approved, Dec. 20, 1836.

[No. 42.]

AN ACT

For regulating the compensation of the Sheriff of the Washington county for public services.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act, the sheriff of Washington county shall be entitled to receive, for empanelling grand jurors, advertising and attending elections, serving all public orders of all courts in his county, and for all other public services not otherwise particularly provided for by law, the sum of one hundred dollars per annum, to be allowed an certified by the county court, and paid out of the county treasury.

Sec. 2.  And be it further enacted, That said sheriff shall be entitled to receive, out of the moneys assessed and collected by him, for all taxes in said county, twenty per centum, instead of the amount now allowed by law.


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Sec. 3.  And be it further enacted, That all laws and parts of laws, contravening the provisions of this act be, and the same are hereby repealed.

Approved, Dec. 20, 1836.

[No. 43.]

AN ACT

To establish a third Regiment in the county of Sumter.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the commissioned regimental officers of the two regiments in said county, be, and they are hereby authorised and required to assemble previous to the first day of August next, at Livingston, in the said county, and to lay off the said county into three regiments, as nearly equal in white population as they can ascertain it; and the said regimental officers shall particularly designate the limits and boundaries of each of said regiments, and file a copy thereof in the office of the Secretary of State.

Sec. 2.  And be it further enacted, That all militia officers, in said regiments, now existing in said county, shall continue in office, in the regiments and beats to which they may be respectively assigned, by the new organization above provided for.

Sec. 3.  And be it further enacted, That the upper or most northwardly regiment in said county, shall be the eighty-second regiment of the militia of this State; and the middle and lower regiments in said county, shall be numbered as the upper and lower regiments, as heretofore organised, are respectively numbered.

Approved, Dec. 20, 1836.

[No. 44.]

AN ACT

To change the time of holding the Circuit Court in the county of Shelby and for other purposes.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the circuit courts for the county of Shelby, shall hereafter be holden on the third Mondays after the third Mondays in March and September, in each year, instead of the second Mondays, as now provided by law.

Sec. 2.  And be it further enacted, That all writs and other process, made returnable to said courts, as now provided by law, shall be made returnable to said courts, as altered by this act.

Sec. 3.  And be it further enacted, That the circuit courts for the county of Tuscaloosa shall be holden for three weeks, instead of two, as now provided by law, unless the business thereof shall sooner be disposed of.

Approved, Dec. 20, 1836,

[No. 45.]

AN ACT

To establish the permanent seat of justice of Randolph county.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the permanent seat of justice, in and for the county of Randolph, in this State be, and the same is hereby established at the town of Wedowee in said county, where the temporary seat of justice for said county is now established.

Approved, Dec. 20, 1836.

[No. 46.]

AN ACT

To compensate Jane Stevenson for a slave, Fanny, executed by law

Section 1.  Be it enacted by the Senate and House of Represen-


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tatives of the State of Alabama in General Assembly convened, That the comptroller of public accounts be directed to issue his warrant on the treasurer of this State, in favor of Jane Stevenson, for the sum of four hundred and seventy-five dollars, out of any money in the treasury not otherwise appropriated, it being one half of the value of a slave, Fanny, executed in pursuance of a sentence of the county court of Perry county.

Approved, Dec. 20, 1836.

[No. 47.]

AN ACT

For the relief of Lewis Tyus.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the judge of the county court of Autauga county, is hereby authorised and empowered to make an order, requiring Lewis Tyus, to transfer all property, moneys, notes, and evidences of debt in his hands, as executor of Armstead Russell's last will and testament, which is held as the legacy, given in the will of the said Armstead Russell, to the heirs of Elizabeth Doris, whenever they shall be produced before the judge of the said county court, an xemplication of letters of guardianship from the court of competent jurisdiction, of Hopkins county, in the State of Kentucky, to some person as guardian of the said heirs; and any transfer of property, or payment, made by said Tyus, under the order of said judge of the county court, to such person, his agent or attorney, shall be a full discharge to him of all the obligations of his trust, to the extent of such payment, in relation to said legacy.

Approved, Dec. 20, 1836.

[No. 48.]

AN ACT

To authorise the Mississippi and Alabama Railroad Company of Mississippi, to construct a railroad from the line of the State of Mississippi to the city of Mobile.

WHEREAS, the State of Mississippi, by an act of the Legislature, approved on the 9th day of February last, did incorporate a certain company under the name of the Mississippi and Alabama Railroad Company; and whereas, it is desirable that the said company should be permitted to terminate the contemplated railroad to be made, at the city of Mobile, in this State, therefore Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Mississippi and Alabama Railroad Company, of Mississippi State, be, and they are hereby authorised and empowered to make and construct a railroad from the line of the State of Mississippi, when the railroad from Jackson, in Mississippi, shall cross the same, to the city of Mobile; and for the purpose aforesaid, shall be entitled to purchase and hold such real estate as may be necessary for the purposes of such railroad, and the necessary depots, wharves and warehouses, incident to the beneficial uses of such railroad.

Sec. 2.  And be it further enacted, That the president and directors of said company, or any person or persons authorised, may agree with the owner or owners of any land that may be wanted, and shall be necessary for the construction, repair or maintenance of said road, or any, of its works, for the purchase and occupation


56

of the same: and if they cannot agree, or if the owner or owners of such land, timber or other materials, be under any legal disability to contract, or be absent or unknown, when land, or other materials shall be wanted, application may be made to any justice of the peace for said county, who shall thereupon issue a warrant, under his hand and seal, directed to the sheriff of said county, requiring him to summon a jury of twenty inhabitants of said county not related to the owner of said property or materials, not being stockholders in said company, or in any way interested, to meet on land or near the property or materials to be valued, on a day named in said warrant, not less than ten nor more than twenty days after issuing the same; and if at said time and place, any of the said jurors summoned do not attend, the said sheriff shall summon immediately as many jurors as may be necessary, with the jurors in attendance, to furnish a panel of twenty jurors in attendance, and from them each party, or its, his, her, or their agent, or if either be not present in person, or by agent, the sheriff for him, her or them may strike off four jurors, and the remaining twelve shall act as the jury of inquest of damages, and before they act as such the said sheriff shall administer to each of them an oath or affirmation, as the case may be, that he will justly value the damages which the owner or owners may or will sustain by the use or occupation of said land or materials by the said company; and the jury, in determining said damages, shall take into estimate the benefits resulting to said owner or owners, but only in the extinguishment of the claim for damages; and the said jury shall reduce their inquisition to writing, and shall sign the same, and it shall be returned by said sheriff to the clerk of the circuit court of said county in which said land or materials lie, and shall be confirmed by the court at its next session, if no sufficient cause to the contrary be shown, and if confirmed, shall be recorded by the clerk, at the expense of said company; but if set aside, the said court may direct another inquisition to be taken, in the same manner as above prescribed, the property taken, or the bounds of the land condemned, and of the interest in the same valued for the company, and such valuation, when paid or tendered to the owner or owners of said land or materials, or his, her, or their legal representatives, shall entitle said company to the estate and interest in the same thus valued, as if they had been conveyed by the owner or owners of the same, and the valuation, if not received when tendered, may at any time thereafter be received from the company, without cost by the said owner or owners, his, her or their legal representative or representatives; and for the services rendered as above provided, the sheriff shall be entitled to five dollars, and each juror summoned and in attendance, according to the acquirements of the warrant, shall be entitled to the sum of two dollars, for each and every day he may serve on said inquisition, such service to be proved by the oath of the party, and attested by the certificate of the clerk; all which said costs and charges are to be paid by the said company:  Provided


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however, That nothing in this section shall be construed as to impede the company in the construction or repair of their road or roads; and whenever it shall be necessary for said company to leave, use or occupy any lands, materials or other property, in order to the construction or repair of any portion of said road or roads, or their works or buildings, the president and directors of said company, or their agent, or those contracting with them for making or repairing the same, may immediately take and use said lands or materials, they having first caused the property to be viewed, by the jury formed as hereinafter provided; and it shall be necessary, after such view, in order to the use and occupation of the same, to wit: the issue of the proceedings upon said view, but said company or their agents may go on to make or repair their said road, as if no disagreement had occurred, and the verdict of the jury, after confirmation, and after payment or tender of the valuation, shall be a bar to all actions for taking or using such lands or materials, whether commenced before or after such confirmation, or the payment or tender of such valuation.

Sec. 3.  And be it further enacted, That whenever, in the construction of said road, it shall be necessary to cross or intersect any established road or way, it shall be the duty of the president and directors of said company, so to construct said road across such established road or way, as not to impede the passage or transportation of persons or property along the same; or where it shall be necessary to pass through the land of any individual, it shall be their duty to provide for such individuals proper wagon way or ways, across said road or roads, from one part of his land to the other; that the said company shall have power to place on any railway, constructed under this act, all machines, locomotives, vehicles, cars or carriages, of any description whatsoever, which they may deem necessary or proper, for the purpose of transportation on said road of goods, produce, merchandize, or other property and passengers, at such rates as the company may think proper to fix:  Provided however, That the said company shall never be authorised to charge or receive, for transportation on said road, in the State of Alabama, any higher rates of freight or for passengers, than shall be the lowest rates for the same distance in the State of Mississippi.

Sec. 4.  And be it further enacted, That if any person or persons shall willfully injure or destroy any part of said railroad, or attempt so to do, constructed by said company under this act, or any of their works, carriages, vehicles or machines, such person or persons, so offending, shall for every such offence be liable for all damages; occasioned thereby, and may furthermore be proceeded, against by indictment on information, at any time within twelve months after said offence be committed, and be punished by a fine not exceeding one thousand dollars, and imprisoned not exceeding six months, at the discretion of the court.

Sec. 5.  And be it further enacted, That the said company shall keep a correct account of all the expenditures made by them on the said railroad; for the purchase of land, or the estimation of the same,


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within the State of Alabama, and shall on the first Monday of November, in each year after the said road shall be commenced in the State of Alabama, and until the same shall be completed, make a return of the same to the comptroller of this State, which return shall be here filed by the oaths of the majority of the board of directors, and the State of Alabama may at any time after the first day of January 1860, become the owners of the said road within the State of Alabama, on paying to the said company the sum by them expended for the construction of the said road; and no alienation by the said company shall in any ways impair the right of the State to become the owners of the same in the manner before stated.

Sec. 6.  And be it further enacted, That the said company shall from time to time, as the Legislature may hereafter direct, be subject to be taxed annually, to an amount not exceeding twenty-five cents on each one hundred dollars actually expended in the contraction of said railroad.

Sec 7.  And be it further enacted, That unless the said railroad shall be completed within the time of six years from the passage of this act, all the privileges conferred by the act, shall cease and determine; and in that event, the Legislature may, by law, direct in what manner the said road shall be sold, if partially completed, or otherwise disposed of, so that the proceeds thereof be paid to the said company.

Approved, Dec. 21, 1836.

[No. 49.]

AN ACT

For the relief of all persons holding claims against the county of Shelby.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all persons holding claims against the county of Shelby, shall have, until the first of January, eighteen hundred and thirty-eight, to file the same, with the county treasurer of said county notwithstanding.

Approved, Dec. 21, 1836.

[No. 50.]

AN ACT

To amend and explain several acts-one approved January 13, 1834 entitled an act to incorporate the Cahawba River Bridge Company, the other supplemental to said act, approved January 9, 1835.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That nothing contained in either of the above recited acts, shall be so construed as to make it compulsory on any person who is not a stockholder, or otherwise interested in the said bridge and turnpike road, authorised to be established and laid out by said acts, to work, or furnish hands to work, on said road, either in opening or repairing the same, unless by voluntary agreement with stockholders, that such persons shall be exempt from the payment of toll for the use of said road and bridge.

Approved, Dec. 21, 1836.

[No. 51.]

AN ACT

To divorce Clark Holmes from his wife Phalba Holmes.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened,


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That in accordance with a decree of the circuit court of Madison county, exercising chancery jurisdiction, pronounced and entered at the spring term of said court, in the year 1836, the bonds of matrimony, heretofore solemnised and subsisting between Clark Holmes and Phalba Holmes, be, and the same are hereby dissolved and made void, and that the said Clark Holmes be henceforth divorced from his said wife Phalba Holmes.

Approved, Dec. 21, 1836.

[No. 52.]

AN ACT

To change the time of holding the Fall Term of the County Court of Greene county.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter, the fall term of the county court of Greene county, shall be held on the fourth Monday in November, in each and every year, instead of the second Monday of November, as now provided by law; and said court, as herein provided to be held, may continue in session six judicial days.

Approved, Dec. 21, 1836.

[No. 53.]

AN ACT

To amend an act to incorporate the Madison Turnpike Company.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That so much of the sixth section of said recited act, as compels the toll gate to be erected two and a half miles from the town of Huntsville, be, and the same is hereby repealed; and the company is hereby authorised to erect the gate on the northern section of the lands of Henry Avant, and adjacent to his well north of his house, and on the southern section on the dividing line between S. S. Ewing and Thomas and William Brandon, about a quarter of a mile south of this point of intersection between the road leading from the Big Cove and said turnpike road.

Sec. 2.  And be if further enacted, That the latter part of the second section of an act to amend an act entitled an act to incorporate the Madison Turnpike Company, approved January 9th, 1835, and in these words:  “And provided further; That the rate of toll, for man and horse, shall be equal in every case, without regard to residence,” be, and the same is hereby repealed.

Sec. 3.  And be it further enacted, That said company is hereby authorised to continue the road leading west of Huntsville, to the forks of the roads leading to Brown's Ferry and Athens: and be it further enacted, That the additional part of said road, from the top of Russell's hill to the forks of the roads leading to Brown=s Ferry and Athens shall be under the same restrictions as the first part of said road to wit: from Huntsville to the top of Russell's hill; and they shall receive the same tolls as at the gates on the northern end southern sections of said road.

Sec. 4.  And be it further enacted, That the president and directors of said company, are authorised to open books for subscriptions for the additional amount of eighteen thousand and fifty dollars, under the same restrictions of the original charter authorising books to be opened for subscription for said road, said additional a-


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mount, to be applied to the construction of the road from the top of' Russell's hill, to the forks of the road leading to Brown's Ferry and Athens.

Sec. 5.  And be it further enacted, That so much of the original act of incorporation in the fifth section, as requires all the culverts and bridges on said road shall be of stone, is hereby repealed, so far as it may apply to the western division leading to Russell's hill, and all the culverts and bridges in said western division, shall be constructed with stone abutments, with cedar sills and cover.

Approved, Dec. 21, 1836

[No.54.]

AN ACT

To incorporate the Trustees of the Lubbub Male and Female Literary Institute in the county of Pickens.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Robert W. Chappell, John Cameron, Jacob Coons, Thomas McCorcle and Thomas Trimmier, and their successors in office, be, and they are hereby created a body politic and corporate, in deed and in law, by the name and style of the Trustees of the Lubbub Male and Female Literary Institute, in which name they and their successors in office are hereby made capable in law to sue and he sued, plead and be impleaded, defend and be defended, in any court of law or equity in this State or elsewhere, to have and to use a common seal, and to alter and change the same at pleasure.

Sec. 2.  And be it further enacted, That the said corporation shall have perpetual succession, and by their name and style aforesaid shall be able and capable in law to receive donations, to purchase, have, hold, possess, enjoy and retain to itself in perpetuity or for any term of years, any estate, real personal or mixed, of what kind or nature soever, to any amount not exceeding twenty thousand dollars, and to sell, alien or dispose of the same as they may think proper.

Sec. 3.  And be it further enacted, That the aforesaid trustees and their successors in office, shall have power to appoint a secretary and treasurer, and such other officers as they may consider expedient; to procure such number of instructors, teachers and assistants, either male or female, as they may deem necessary; to prescribe the terms of admission and course of study to be observed in said institution; to make and enforce all such rules, regulations and by-laws, for the good government of said institution, and the preservation of the morals of the students, as they may deem necessary and proper; and in general, to do all acts for the benefit of said institution which are incident to bodies corporate, and not inconsistent with the constitution and laws of the United States or of this State.

Sec. 4.  And be it further enacted, That the said institution shall be purely literary and scientific; and the peculiar tenets of any denomination of Christians; shall never be taught or inculcated in said institution.

Sec. 5  And be it further enacted, That all the moneys which may have been subscribed by individuals, for the erection of buildings for the aforesaid academy, shall enure to, and be recoverable by


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the trustees aforesaid and their successors in office, in their corporate capacity; and the said trustees shall be held and liable for all the contracts which may have been and may hereafter be for the erection of said academy buildings.

Sec. 6.  And be it further enacted, That the trustees aforesaid, and their successors in office, shall have power to fill all vacancies which may occur in their board by death, resignation or removal from the said county of Pickens:  Provided always, That the General Assembly shall have power at any time to alter, amend or repeal this act, reserving to the said trustees or their successors in office, the right to sell, alien or dispose of any real or personal estate they may have, possess or own, and to collect all debts that may be due them at the time of such repeal.

Approved, Dec. 21, 1836.

[No. 55.]

AN ACT

To establish a troop of cavalry, known as the Alabama Rangers, in Butler county.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the company of cavalry in Butler county, within the twenty-ninth regiment of Alabama Militia, known as the Alabama Rangers, commanded by Captain George S. Peagler, First Lieutenant William G. Smith, Second Lieutenant G. M. Otts, and Ensign G. W. Homes, be, and the same is hereby established and authorised, with power to elect successors to their present commissioned officers and so forth, as long as they keep up the company, and to make any by-laws for their regulation and management, that they may deem expedient:  Provided, such laws are appropriate to the purpose of the establishment of said company, and not inconsistent with the constitution and laws of the State or the constitution of the General Government:  And provided further, that said company shall be attached to, and under the ordinary command and control of the field officers of said regiment; and that the said company shall hold themselves liable at any time, to be called into service whenever there shall be a call on the State for cavalry.

Approved, Dec. 21, 1836.